People v. Sanchez CA5

California Court of Appeal Dec 29, 2022 No. F083761Unpublished

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Holding. The court held that substantial evidence supported the defendant's conviction for making criminal threats under Penal Code section 422, as the surrounding circumstances, including the defendant's history of threats and his behavior during the incident, provided a sufficient basis for the jury's verdict.

Issues

Whether there was sufficient evidence to support the defendant's conviction for making criminal threats under Penal Code section 422.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Following our review of the entire record in this case, we conclude substantial evidence supports the jury verdict of guilt.”

“[I]t is the circumstances under which the threat [was] made that give meaning to the actual words used.”

“We believe the evidence describing the circumstances at the restaurant at the time defendant made his verbal threat to “ ‘start shooting mother f***ers up,’ ” provided sufficient substantial evidence supporting the jury’s conclusion”

Filed 12/29/22 P. v. Sanchez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F083761 Plaintiff and Respondent, (Super. Ct. No. F21902126) v.

MIGUEL SANCHEZ, JR., OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Jeffrey Y. Hamilton, Jr., Judge. Heather E. Shallenberger, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Lewis A. Martinez and Ian Whitney, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Smith, Acting P. J., Snauffer, J. and DeSantos, J.

Defendant Miguel Sanchez, Jr., challenges the sufficiency of the evidence supporting his conviction for making a criminal threat (Pen. Code,1 § 422). Following our review of the entire record in this case, we conclude substantial evidence supports the jury verdict of guilt. PROCEDURAL SUMMARY An information filed on September 20, 2021, charged defendant with making criminal threats (§ 422, a felony; count 1), and disobeying a court order (§ 166, subd. (a)(4), a misdemeanor; count 2). Also alleged were various enhancements, including a prior serious felony conviction that qualified as a strike (§§ 667, subds. (b)– (i), 1170.12, subds. (a)–(d)), prior felony convictions (§ 1203, subd. (e)(4)), prior serious felony convictions (§ 667, subd. (a)(1)), and the allegation defendant is not eligible to be sentenced to county jail (§ 1170, subds. (f) & (h)). On November 17, 2021, count 2 was dismissed. After a jury was seated, the trial commenced on November 22, 2021. On November 23, 2021, the jury found defendant guilty of making criminal threats. During a bifurcated bench trial, the trial court found each of the prior conviction allegations true. On January 3, 2022, after denying a motion to dismiss the prior strike conviction brought under People v. Superior Court (Romero) (1996) 13 Cal.4th 497, the trial court sentenced defendant to a total term of 11 years. Defendant received the upper term of three years for the criminal threats conviction, which was doubled pursuant to sections 667, subdivisions (d) and (e)(1), and 1170.12, subdivisions (b) and (c)(1). To that sentence an additional term of five years was added under section 667, subdivision (a)(1). A notice of appeal was thereafter filed on January 7, 2022.

People v. Sanchez CA5

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